DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 149-01
8 August 2001
13 to your application for correction of your
nt to the provisions of Title 10, United
I
11n 1552.
1 of the Board for Correction of Naval
executive session, considered your
gust 2001.
awed in accordance with administrative
cedures applicable to the proceedings -of this
material considered by the Board consisted of
ogether with all material submitted in support
record and applicable statutes, regulations
Your allegations of error and
onscientious consideration of the entire
Dund that the evidence submitted was
ablish the existence of probable material
tial convened on 6 January 1976 and found you
4
orized absence of 11 days and three
ssault.
The court sentenced you to
labor for four months, forfeitures of
months, a reduction in rank, and a bad conduct
, on 3 March 1976 the convening authority
conduct discharge.
submitted a written request for an undesirable
to avoid trial by court-martial for two more
t, one of which was committed with a razor.
this request you conferred with a qualified
a
$2.40
referent
This is in
naval record pursua
States Code,
Sectic
A three-member pane
Records, sitting in
application on 1 Au
revi
injustice were
regulations and prc
Documentary
Board.
your application, t
thereof, your naval
and policies.
After careful and c
record, the Board f
insufficient to est
error or injustice.
The Board found tha
1974 at age 17. Or
authorities of
figk:
June 1975 you recei
plac
your appointed
assault.
A special court-mar
unautk
guilty of an
specifications of
e
confinement at hard
per month for four
However
discharge.
disapproved the bad
On 5 June 1976 you
discharge in order
assaul
instances of
Prior to
submittinc
t you enlisted in the Marine Corps on 28 June
1’
26 January 1975 you were convicted by civil
1
ting, and sentenced to a fine of $120.
1’
ved nonjudicial punishment for absence from
e of duty, disrespect on two occasions, and
On 14
atlwhich time you were advised of your rights and
?l
You received an undesirable discharge
Your request was granted and, as a result of this
enalties of a punitive discharge and
labor.
military lawyer
warned of the probable adverse consequences of accepting such a
discharge.
action, you were spared the stigma of a court-martial conviction
and the potential
confinement at har
on 6 July 1976.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board concluded that these factors were
immaturity.
not sufficient to warrant recharacterization of your discharge
discharae to avoid trial for assault and
given your request for
ct in the civilian and military communities.
your prior miscond
that considerable clemency was extended to you
The Board believed
or discharge to avoid trial by court-martial
when your request
by this action, you escaped the possibility
was approved since
Further,
srd labor and a punitive discharge.
of confinement at
that you received the benefit of your bargain
the Board conclude
or discharge was granted and should not be
when your request
The Board concluded that your
it now.
chang
permitted to
r as issued and no change is warranted.
discharge was prop
pplication has been denied.
Accordingly, your
s of the panel will be furnished upon request.
votes of the membe
t the circumstances of your case are such that
It is regretted th
You are entitled to have the
nnot be taken.
favorable action c
Board reconsider i
s decision upon submission of new and material
evidence or other
atter not previously considered by the Board.
In this regard, it
is important to keep in mind that a
presumption of reg
larity attaches to all official records.
Consequently, when
applying for a correction of an official naval
is on the applicant to demonstrate the
record, the burden
le material error or injustice.
existence of proba
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
copy to:
The Amer
can Legion
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